Is it too late to prosecute Whittemore abuse claims?

Now that Clayton Whittemore, 22, has been found guilty of second-degree murder, some have asked: Will his father ever be charged for the alleged child abuse that came up during the trial? When abuse is revealed years later, it often is too late to hold anyone accountable, prosecutors said.

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MPNnow

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Posted Jun. 11, 2014 at 1:47 PM

Posted Jun. 11, 2014 at 1:47 PM

Clayton Whittemore wasn’t the only person who faced public condemnation as he stood trial last month for killing his girlfriend, 18-year-old Alexandra Kogut.

Whittemore’s father, Scott, was accused of beating Clayton and his two siblings as children whenever they fell short of his expectations, whether it was school grades, athletic competitions or even eating breakfast, according to trial testimony.

He allegedly would hit them with baseball bats, hockey sticks and metal belt buckles, Whittemore’s sister Samantha testified. He’d shove remote controls in their mouths over fingerprints on his truck, or pull them by their hair, she said.

They’d cover up their bruises, Samantha said, then keep the abuse secret under threats of being killed by their father.

Now that Clayton Whittemore, 22, could face life in prison after a jury found him guilty of second-degree murder, some have asked: Will his father ever be charged for the alleged child abuse?

For victims of domestic violence, it’s not uncommon for spouses or children to fear the worst if they report the abuse. But when that abuse is revealed years later, it often is too late to hold anyone accountable, prosecutors said.

That is likely the case with Scott Whittemore, prosecutors said.

The biggest issue is time, Oneida County District Attorney Scott McNamara said: The statute of limitations dictates that felony assault charges have to be filed within five years of the alleged abuse. For minor misdemeanor abuse cases, the time limit is three years.

Even if the alleged abuse occurred more recently, McNamara said, there still needs to be evidence that serious injuries were inflicted for a felony conviction. But to even begin looking into the allegations, someone would first need to file a complaint with the police.

“If someone came forward, we would be more than willing to listen to what they have to say and investigate it, but there seems to be a substantial period of time that has lapsed where it would create a problem for us to prosecute,” McNamara said. “Unfortunately, that’s the problem with child abuse. A lot of times these things go unpunished, and it does scar people.”

Past attempts by the O-D to contact Scott Whittemore for comment have gone unanswered, including a letter that was left at his home in Oriskany this week.

During Clayton Whittemore’s trial, however, a psychiatrist testified that Scott Whittemore said he only did “what he thought was right” to raise his family.

As frustrating as it might be for abuse victims to realize that time limits mean their abuser might never face charges, domestic violence officials note it is difficult to say that a victim should have told someone sooner.

Page 2 of 2 - “Some people have tried to get help and been successful, and some people have done that and been killed themselves,” said Natalie Brown, executive director of YWCA Mohawk Valley, an organization that helps victims of domestic violence. “I think it’s dangerous to second guess what should have occurred, and it’s not fair to judge people from your perspective and not from where they are.”

In the end, only abuse victims can judge their own safety and make a decision to change things, Brown said. The most society can do is show that help is available.

“It’s important for people to recognize signs of domestic violence, to be aware of it. Families need to stop trying to hide it; people need to stop saying it’s OK if he hits her only a few times,” Brown said. “Our goal here is to make sure we offer the support they need.”